The extension of the mandate of Constitutional Court judge Desanka Lopičić is contrary to the Constitution and the law, the Human Rights Action (HRA) announced.
Her judicial function, the NGO claims, had to end upon meeting the conditions for old-age pension.
"Despite this, the Constitutional Court avoided clearly answering questions from President Jakov Milatović about the constitutionality of her continued performance of her duties, which further deepened legal uncertainty," HRA states.
The executive director of the NGO, Tea Gorjanc Prelević, said that the uneven treatment of institutions – in the case of Judge Lopičić and former Judge Dragana Đuranović – seriously threatens the rule of law and public trust.
He says that instead of providing a clear explanation, the Constitutional Court also ignored the recommendations of the Venice Commission to precisely explain through formal decisions which regulations apply in matters of retirement of Constitutional Court judges.
"Tomorrow, February 10, the Parliament of Montenegro will decide on the election of a judge of the Constitutional Court. This is an opportunity to eliminate the existing unconstitutional situation and ensure the legal composition of the court, on whose decisions the protection of human rights and the constitutional order directly depends," the statement reads.
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